DOCSLIB.ORG

Working to Contract and Working to Rule

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Working to Contract and Working to Rule UCU dispute 2011 Working to contract and working to rule Guidance for UCU branches and members Starting on 10 October, 2011 the union is This is not straightforward. Academic contracts asking members to abide by the terms of are highly flexible and often vague. Local their contracts (including their obligation to agreements covering workload vary markedly. perform their duties in an efficient manner), but However, we have provided guidance in as to do no more than that; and in particular to: much detail as possible, as well as links to local contracts, agreements and policies below. l to work no more than their contracted hours where those hours are expressly General stated, and in any event not to exceed 1. What is the dispute about? the maximum number of hours per week The USS employers have imposed an stipulated in the Working Time Regulations inferior, two tier system which will see new starters receive much lower benefits; l to perform no additional voluntary duties, reduce protection of our pensions against such as out of hours cover, or covering for inflation and reduce the amount staff colleagues (unless such cover is contractu- receive if they are made redundant. ally required) The proposals have been opposed by l to undertake no duties in breach of health USS members in two referendums, and and safety policies or other significant by UCU members in two industrial action employer’s policies ballots, but the employers have insisted on imposing them without further negotia- l to set and mark no work beyond that work tion. which they are contractually obliged to set and/or mark The employers initially proposed to UCU that all staff should be placed on the in- l to attend no meetings where such atten- ferior 'career average' terms now to be dance is voluntary on the part of the offered to new starters. There is little member. doubt that unless we fight for our pen- 1 Working to contract and working to rule: guidance for members sions now, they will seek to move existing If you are a member of UCU, you are USS members onto the inferior terms too expected to support the call to work to over the next few years. contract, and any other such future calls for action made by the union. UCU, like The objective of the action is to persuade other trade unions, does not allow any the employers to sit down with the union exemptions from the call to action. to and negotiate in good faith an agree- ment based on UCU’s counter-proposals, 4. On what mandate has the union called tabled earlier this year, or which compen- the action? sates USS members for any detriment. In a legal ballot covering all UCU mem- bers in the sixty-seven institutions, 78% 2. Why has the union chosen to work to of UCU members who voted supported contract? taking action short of a strike. The ballot Without our efforts universities would material said that if members voted for cease to function properly. As UCU’s action the union would put in place a pro- Leading Counsel observes, universities gramme of ‘sustained industrial action’ survive because staff do over and above which would definitely include action what is strictly required by their con- short of a strike consisting of a range of tracts. This often means working long actions including “refusing to work be- hours to get marking done; covering yond your contract; withdrawal of good teaching for other colleagues; performing will; boycotting of the external examina- administrative tasks beyond those they tions process; targeting admissions pro- were originally employed to do and many cedures including open days; boycotting other things that staff do to ensure their aspects of student assessment and exam- institutions run effectively. inations; boycotting research administra- tion; refusing to provide cover for absent The point of this action is to say to our colleagues; and weekend working.” employers: until such time as you will negotiate properly with us, we will not be As a member of UCU, you are therefore “going the extra mile”. During a consulta- expected to take part in the action. tion exercise, a substantial majority of branches and local associations asked 5. What action is the union asking its us to consider working to contract or members to take? working to rule. Starting on 10 October, 2011 the union is asking members to abide by the terms UCU will try this tactic first and will only of their contracts (including their obliga- move to further escalating action if the tion to perform their duties in an efficient employers either refuse to resume manner), but to do no more than that; negotiations or impose punitive and and in particular to: unfair deductions on members taking part in the working to contract action. l to work no more than their contracted hours where those hours are expressly 3. To which UCU members does the action stated, and in any event not to exceed apply? the maximum number of hours per A list of the institutions covered by the week stipulated in the Working Time ballot is here: Regulations www.ucu.org.uk/index.cfm?articleid= l to perform no additional voluntary 5736&from=5710 duties, such as out of hours cover, or 2 Working to contract and working to rule: guidance for members covering for colleagues (unless such l Bring test cases on behalf of all mem- cover is contractually required) bers to recover any deductions made unlawfully. l to undertake no duties in breach of health and safety policies or other In extreme cases where this escalation significant employer’s policies fails to persuade an employer not to make unfair deductions for working to l to set and mark no work beyond that contract, members will be invited to seek work which they are contractually an international academic boycott of their obliged to set and/or mark institution by other staff. l to attend no meetings where such 9. How long will the union give the "working attendance is voluntary on the part of to contract" action to bring the employers the member. back to the negotiating table? The vote for industrial action allows the 6. Is the union's “work to contract” action union to call further action if the employers based on legal advice? refuse to negotiate. In that case, the union Yes. The union has drawn up these plans will halt the working to contract action in acting on the advice of Leading Counsel. order to organise rolling strike action within each institution with different groups of 7. Can I have my pay deducted when I staff taking turns to take action in order to participate in the UCU action? cause maximum disruption. If you are performing your normal duties but not undertaking activities over and If that in turn does not produce a break- above that, the employer has no justifica- through in the dispute, the union will tion for deducting your salary. UCU will consider more serious action short of a challenge any attempts to make deduc- strike, including a boycott of the Research tions from staff who are following the Excellence Framework, other internal work to contract. administrative processes, and of student assessment. 8. My employer seems to be taking a hard line. What happens if they ignore UCU's 10. Will students be affected by this working legal advice and threaten to deduct to contract action? monies from my salary? The union has chosen our action carefully It is true that university employers are far in order to minimise disruption to stu- more hard line than other public sector dents. Only where we are faced either employers such as schools and hospitals with a employers who refuses to negoti- with regard to making deductions for par- ate or one who implements an unfair, ticipating in action short of a strike. We draconian pay docking policy will the believe there is no justification for making union escalate to action which, regret- deductions from staff who are fulfilling tably, would have a high impact on stu- their normal duties but if the employers dents. seek to escalate the dispute in this way, the union will take the following steps: 11. Do I have to tell my employer that I am taking action? l Halt the working to contract action and The working to contract action begins on bring forward with immediate effect 10 October. You should NOT tell your rotating departmental strikes. employer about your participation in this action BEFORE that date. 3 Working to contract and working to rule: guidance for members Once the action has begun, if you are 14. What hours should I work if I have no asked in writing by an appropriate person contractual hours in my contract or any (Line manager, HR etc), you should an- local workload agreement? swer truthfully that you are participating You should undertake your normal con- as follows: tractual duties and work your normal hours but not take on additional duties. I confirm that I am participating in current If you are asked to take on additional du- industrial action organised by UCU, in the ties, seek advice from the union. How- form of “working to contract”. UCU ever, under no circumstances should you advises me that because I am fulfilling work more than the average 48 hours in all reasonable contractual duties, the any 7 day working time period laid down employer should not make any unautho- in the Working Time Regulations. rised deductions from my salary. 15. What do the Working Time Regulations 12.
Load more

Recommended publications
  • Revolutionary Syndicalist Opposition to the First World War: A
    Re-evaluating syndicalist opposition to the First World War Darlington, RR http://dx.doi.org/10.1080/0023656X.2012.731834 Title Re-evaluating syndicalist opposition to the First World War Authors Darlington, RR Type Article URL This version is available at: http://usir.salford.ac.uk/id/eprint/19226/ Published Date 2012 USIR is a digital collection of the research output of the University of Salford. Where copyright permits, full text material held in the repository is made freely available online and can be read, downloaded and copied for non-commercial private study or research purposes. Please check the manuscript for any further copyright restrictions. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. Re-evaluating Syndicalist Opposition to the First World War Abstract It has been argued that support for the First World War by the important French syndicalist organisation, the Confédération Générale du Travail (CGT) has tended to obscure the fact that other national syndicalist organisations remained faithful to their professed workers’ internationalism: on this basis syndicalists beyond France, more than any other ideological persuasion within the organised trade union movement in immediate pre-war and wartime Europe, can be seen to have constituted an authentic movement of opposition to the war in their refusal to subordinate class interests to those of the state, to endorse policies of ‘defencism’ of the ‘national interest’ and to abandon the rhetoric of class conflict. This article, which attempts to contribute to a much neglected comparative historiography of the international syndicalist movement, re-evaluates the syndicalist response across a broad geographical field of canvas (embracing France, Italy, Spain, Ireland, Britain and America) to reveal a rather more nuanced, ambiguous and uneven picture.
    [Show full text]
  • Michigan Laborlabor Law:Law: Whatwhat Everyevery Citizencitizen Shouldshould Knowknow
    August 1999 A Mackinac Center Report MichiganMichigan LaborLabor Law:Law: WhatWhat EveryEvery CitizenCitizen ShouldShould KnowKnow by Robert P. Hunter, J. D., L L. M Workers’ and Employers’ Rights and Responsibilities, and Recommendations for a More Government-Neutral Approach to Labor Relations The Mackinac Center for Public Policy is a nonpartisan research and educational organization devoted to improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions. The Mackinac Center assists policy makers, scholars, business people, the media, and the public by providing objective analysis of Michigan issues. The goal of all Center reports, commentaries, and educational programs is to equip Michigan citizens and other decision makers to better evaluate policy options. The Mackinac Center for Public Policy is broadening the debate on issues that has for many years been dominated by the belief that government intervention should be the standard solution. Center publications and programs, in contrast, offer an integrated and comprehensive approach that considers: All Institutions. The Center examines the important role of voluntary associations, business, community and family, as well as government. All People. Mackinac Center research recognizes the diversity of Michigan citizens and treats them as individuals with unique backgrounds, circumstances, and goals. All Disciplines. Center research incorporates the best understanding of economics, science, law, psychology, history, and morality, moving beyond mechanical cost/benefit analysis. All Times. Center research evaluates long-term consequences, not simply short-term impact. Committed to its independence, the Mackinac Center for Public Policy neither seeks nor accepts any government funding. It enjoys the support of foundations, individuals, and businesses who share a concern for Michigan’s future and recognize the important role of sound ideas.
    [Show full text]
  • Trade Unions and Labour Conflicts: Social Movement and Radical Political Unionism in France and Italy
    Italian Political Science, VOLUME 14 ISSUE 3, FEBRUARY 2020 Trade unions and labour conflicts: Social movement and radical political unionism in France and Italy Katia Pilati UNIVERSITY OF TRENTO Sabrina Perra UNIVERSITY OF CAGLIARI Abstract This article explores differences in labour conflicts in Italy and France by focusing on the characteristics of the most prominent structures of worker mobilization: trade unions. Despite several similarities between the French and Italian industrial relations systems, and despite the fact that trade union density in Italy is more than three times greater than it is in France, France is one of the few European countries in which the average strike volume increased after the Great Recession. Protests in France also peaked in the pre-crisis period, while Italy did not show any wave of contention. We contend that the nature and level of labour conflicts observed in the two countries in the last two decades depend on alliances between trade unions and other social groups and organ- izations sustaining worker mobilization, specifically, social movement organizations. In particular, we argue that labour conflicts are related to the characteristics of social movement unionism. Evidence from cases studies in France and Italy suggests that the role of trade unions and their alliances has been different in the two countries. Confederal trade unions in France have been able to engage in social movement unionism within broader coa- litions involving other social categories and social movement organizations. In contrast, in Italy, these dynamics have mostly involved small rank-and-file unions and self-organized workers’ groups engaged in radical political unionism.
    [Show full text]
  • Does Strike Action Stimulate Trade Union Membership Growth? Hodder, Andrew; Williams, Mark; Kelly, John; Mccarthy, Nick
    University of Birmingham Does strike action stimulate trade union membership growth? Hodder, Andrew; Williams, Mark; Kelly, John; McCarthy, Nick DOI: 10.1111/bjir.12188 License: Creative Commons: Attribution-NonCommercial-NoDerivs (CC BY-NC-ND) Document Version Peer reviewed version Citation for published version (Harvard): Hodder, A, Williams, M, Kelly, J & McCarthy, N 2017, 'Does strike action stimulate trade union membership growth?', British Journal of Industrial Relations, vol. 55, no. 1, pp. 165-186. https://doi.org/10.1111/bjir.12188 Link to publication on Research at Birmingham portal Publisher Rights Statement: This is the peer reviewed version of the following article: Does strike action stimulate trade union membership growth? , which has been published in final form at 10.1111/bjir.12188. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain.
    [Show full text]
  • Precarious Work in Asia Pacific Has Been Identified by Trade Unions Across the Region As a Central Concern for Working People
    A 10 country study by The International Trade Union Confederation (ITUC) and ITUC Asia-Pacific 2014 Asia Pacific Region Precarious work in the work Precarious FOREWARD ..........................................................................................................................................5 INTRODUCTION ....................................................................................................................................7 COUNTRY PROFILES ...........................................................................................................................13 Australia .............................................................................................................................................14 Cambodia ...........................................................................................................................................19 Indonesia............................................................................................................................................23 Japan .................................................................................................................................................29 Contents Korea, Republic of ...............................................................................................................................37 Nepal .................................................................................................................................................47 New Zealand ......................................................................................................................................52
    [Show full text]
  • Effect of the Public Interest on the Right to Strike and to Bargain Collectively Oscar S
    NORTH CAROLINA LAW REVIEW Volume 27 | Number 2 Article 2 2-1-1949 Effect of the Public Interest on the Right to Strike and to Bargain Collectively Oscar S. Smith Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Oscar S. Smith, Effect of the Public Interest on the Right to Strike and to Bargain Collectively, 27 N.C. L. Rev. 204 (1949). Available at: http://scholarship.law.unc.edu/nclr/vol27/iss2/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. THE EFFECT OF THE PUBLIC INTEREST ON THE RIGHT TO STRIKE AND TO BARGAIN COLLECTIVELY* OSCAR S. SMTH** In March, 1948, President Truman for the first time invoked the emergency procedures of Title II of the Labor Management Relations Act.' The occasion for this action was a threatened strike of 17 Amer- ican Federation of Labor unions at one of the atomic energy plants in Oak Ridge, Tennessee. A Board of Inquiry, under the Chairmanship of John Lord O'Brien, was appointed to investigate and report the facts in the controversy. In its report this Board found six issues of prime importance in dis- pute. The first of these six prime issues had to do with a union demand for a contractual restriction on its freedom to strike at times of wage reopening or contract renegotiation.
    [Show full text]
  • Strikes Under the New Deal
    STRIKES UNDER THE NEW DEAL By MAURICE GOLDBLOOM JOHN HERLING JOEL SEIDMAN ELIZABETH YARD lntrodu.ction by JOSEPH SCHLOSSBERG o Published by LEA GUE FOR IND US TR I.A L D E M 0 C R A C Y 112 East 19th Street, New York City CONTENTS PAGE Foreword 3 Introduction 5 The Position of Labor Prior to N. 1. R. A. 6 Enactment of the N. 1. R A. 7 Hours, Wages and Codes 10 The Strike Wave of 1933 12 Attempts to Restrict the Right to Strike 15 Employers' Efforts to Modify Section 7a . 16 The National Labor Board . 19 Wages, Prices and Union Organization, 1933 23 The Strike Wave of #1934-5 25 Industrial Relations Boards 29 The National Labor Relations Board.... ......... 32 The Schechter Decision and the New Labor Board 35 Causes of Srikes Under the New Deal. ...... 36 The Toledo Strike 40 The San Francisco General Strike .... 44 The Minneapolis Truckers' Strike 52 The Nation-wide Textile Strike 56 Agricultural Strikes 63 Appraisal of Strikes under the New Deal 66 Footnotes 69 Bibliography . 70 a~ 438 FOREWORD ITH the Roosevelt administration enlightened champions of W capitalism realized the need of taking energetic measures in order to stabilize capitalism. The National Industrial Recovery Act was one of the most important measures. The chief objective of the N. I. R. A. was to enable the private profit-producing machinery to function. With that end in view, business was relieved of the restraints of the Sherman Anti-Trust Act. Monopoly was made legally permissible under the cloak of "fair competition." Employers were required to organize for col­ lective action, whereas workers were merely given the right to organize.
    [Show full text]
  • Innovations in Collective Action in the Labor Movement: Organizing Workers Beyond the NLRA and the Business Union
    WORKING PAPER SERIES Innovations in Collective Action in the Labor Movement: Organizing Workers Beyond the NLRA and the Business Union Gabriel Nahmias PhD Candidate, MIT Department of Political Science [email protected] MIT Work of the Future Working Paper 13-2021 February 27, 2021 400 Main Street, E19-733, Cambridge, MA 02139 Innovations in Collective Action in the Labor Movement Organizing Workers Beyond the NLRA and the Business Union Gabriel Nahmias MIT Work of the Future Initiative February 27, 2021 American trade unionism is slowly being limited in influence by changes which destroy the basis on which it is erected. It is probable that changes in the law have adversely affected unionism. [but] over and above these influences, the relative decline in the power of Ameri- can trade unionism is due to occupational changes and to technological revolutions. George E Barnett, American Economic Association President, 1932 I. There and Back Again In 1932, American Economic Association President George Barnett had every reason to believe that structural forces were suffocating the labor movement. Labor was in retreat (Barnett 1933). The American Federation of Labor had seen its membership drop from 5 million in 1919 to just 3 million in 1933 (Zieger, Minchin, and Gall 1986). Radical unions, like the International Workers of the World, had been successfully repressed during the first Red Scare (Dubofsky 2000). The Knights of Labor, who once represented 1 in 5 American workers, were a long distant memory (Zieger, Minchin, and Gall 1986). Indeed, by 1933, only 6.9% of workers were in a union (Mayer 2004).
    [Show full text]
  • The Limits Upon a Labor Union's Duty to Control Wildcat Strikes
    Volume 84 Issue 4 Article 8 June 1982 The Limits upon a Labor Union's Duty to Control Wildcat Strikes James Bryan Zimarowski West Virginia University College of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Labor and Employment Law Commons Recommended Citation James B. Zimarowski, The Limits upon a Labor Union's Duty to Control Wildcat Strikes, 84 W. Va. L. Rev. (1982). Available at: https://researchrepository.wvu.edu/wvlr/vol84/iss4/8 This Student Note is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Zimarowski: The Limits upon a Labor Union's Duty to Control Wildcat Strikes THE LIMITS UPON A LABOR UNION'S "DUTY" TO CONTROL WILDCAT STRIKES OVERVIEW Industrial relations and collective bargaining have come a long way since the violent industrial and economic warfare of the pre-1940's period. But as labor unions and business organizations became more facially "professional" in their relationship, some union rank and file members have viewed this professionalism as being both restrictive and conservative and have chosen to resolve certain industrial grievances through the use of wildcat work stop- pages.1 This discordant practice has created strains in the collective bargaining relationship of the negotiating union and the employer, in legal actions to enforce the collective bargaining argeement, in- the relationship between the union and its membership, and often in the employer-employee relationship, all of which are disruptive to the scope and purpose of collective bargaining under the federal labor laws.
    [Show full text]
  • Teamster Stewards Make a Difference a Comprehensive Guide for Today’S Teamster Steward
    Teamster Stewards Make a Difference A comprehensive guide for today’s Teamster Steward An Important Message for Teamster Stewards Dear Teamster Steward: Thank you for serving as a Union leader at your worksite. To your co- workers who look to you for guidance, support and strength, you ARE the Union in action. What you say counts. How well you listen counts. How well you respond to your members’ questions and concerns counts. You are the leader they look to for everyday assistance and results. Being a leader is no small task. To help you sharpen your skills and prepare for the tough challenges ahead, we have created this guide especially for you. We encourage you to read the information and learn what’s expected of you as a union steward. You can make a difference to the 1.4 million men and women who comprise the Teamsters Union. Thank you for undertaking what we believe is one of the most important jobs in our union, that of union steward. Your hard work and dedication will make a big difference as we face the tough challenges ahead. Fraternally yours, James P. Hoffa Ken Hall General President General Secretary-Treasurer Teamster Stewards Make a Difference Table of Contents Chapter 1 Why Stewards? 1 Chapter 2 Getting Started 7 Chapter 3 Getting Involved, Staying Involved 13 Chapter 4 All About Grievances 19 Chapter 5 The Formal Grievance Procedure 31 Chapter 6 Know Your Rights 41 Chapter 7 Stewards As Organizers 59 Chapter 8 Appendix 67 Why Stewards? Why Stewards? “Teamster Stewards as Leaders in the Workplace” Introduction task.
    [Show full text]
  • Avoiding Disruption European Guide to Strikes and Other Industrial Action Avoiding Disruption European Guide to Strikes and Other Industrial Action
    Avoiding disruption European guide to strikes and other industrial action Avoiding disruption European guide to strikes and other industrial action This European guide to strikes and other industrial action has been created to provide you with a quick and easy reference when responding to threats of industrial action in 15 European countries. 2 Avoiding disruption European guide to strikes and other industrial action Introduction Industrial action taken by workers against pan-European labour law responsibilities employers has always had the potential and aims to provide a quick and easy for severe disruption. However, employers reference when responding to threats of IA need to be aware of new and emerging in 15 European countries. trends in industrial action (“IA”) which have already taken some employers by The guide: surprise, including: – summarises recent national and – disputes involving international, not just international developments in IA law national, issues – provides a comparative overview, – trade unions and workers collaborating by country, of how IA is regulated in across borders, including cross-border different European countries. secondary (solidarity) action – summarises their key similarities and – unwelcome, and sometimes unexpected, differences shifts in the law regulating IA – reflecting the creeping influence of regional – considers how employers can respond, and international treaty obligations on including legal interventions and the right national laws (see “recent developments” to reduce the pay of those involved
    [Show full text]
  • The Right to Strike Struck Down? an Analysis of Recent Trends
    STUDY The Right to Strike Struck Down? An Analysis of Recent Trends EDLIRA XHAFA October 2016 n The right to strike is under attack at the national and international levels. This attack has intensified in a situation in which economic and security arguments are increasingly being used as a pretext for the violation of fundamental human and democratic rights. n At the national level, almost all (117) countries covered by the report have imple- mented legal measures and practices which violate the right to strike. Of the viola- tions that have been committed over a long stretch of time, the most common ones involve barring groups of workers from the right to strike. While such practices are still prevalent, in the last 5 years 89 countries have been responsible for new vio- lations, mainly in the guise of heavy-handed action against legitimate strikes and interference in the midst of strikes. There continues to be significant restrictions on public sector workers’ right to strike. n At the international level as well, at the 2012 International Labour Conference the Employers’ Group challenged the right to strike protected by the ILO Convention No. 87 and questioned the role of most authoritative international mechanism to bring violations of the right to strike to a global audience. n The strengthening of alliances between workers, communities, academia and other democratic forces is critical in exposing this attack as an assault on the democratic space needed to build a more just society and in building power to ensure that all workers in all countries can exercise their fundamental right to strike.
    [Show full text]